Reconceptualising Strict Liability for the Tort of Another - (Hart Studies in Private Law) by Christine Beuermann (Paperback)
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<p/><br></br><p><b> Book Synopsis </b></p></br></br>This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.<p/><br></br><p><b> Review Quotes </b></p></br></br><br>[T]his is an excellent example of doctrinal scholarship at its most assertive and intellectually stimulating ... It is to be hoped that Beuermann's provocative text will provide food for thought.<br/>Cambridge Law Journal<br><br>In this superb book, Christine Beuermann reconceptualises the topic of strict liability in tort law in a way that is original and cohesive ... this book is the most significant commentary on strict liability in tort law in decades; indeed, its masterful analysis and clarity of concepts makes it a significant work of private law theory, full stop. It deserves to be noticed; it deserves to be applied and adopted by the courts. It certainly ought to be read by all lawyers with an interest in tort law and who have struggled to come to grips with the law of vicarious liability and non-delegable duty.<br/>Torts Law Journal<br><br>Professor Beuermann's book supplies a badly needed, original, and illuminating framework for thinking about these forms of liability. The book both offers an answer to longstanding theoretical puzzles, and guidance in deciding cases that presently vex the courts. It repays a reader's careful study by reorienting the reader's thinking.<br/>Jotwell<br><p/><br></br><p><b> About the Author </b></p></br></br>Christine Beuermann is Lecturer in Law at the University of Newcastle.
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